St Cathrine Home v. Girish Mallikarjunappa Halageri And Geetha Girish Halageri
Mohite
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by TRUSHA TUSHAR MOHITE Date:
2025.10.01 14:28:45 +0530 AND IN ITS GENERAL AND INHERENT JURISDICTION TRUSHA TUSHAR MOHITE INDIAN ADOPTION PETITION NO.64 OF 2025 WITH JUDGE'S ORDER NO.93 OF 2025 St.Catherine's Home, Mumbai
...Petitioner
Versus
Mr.Girish Mallikarjunappa Halageri and Mrs.Geetha Girish Halageri ...Proposed Adopters ---------- Mr.Rakesh K.L.Kapoor i/b M/s.Rakesh K.L.Kapoor and Co., for the Petitioner.
Mr. O. Hareendran, Scrutiny Officer, ICSW present. Mr. D.S. Gurav, Chamber Registrar is present. ---------- CORAM : FIRDOSH P. POONIWALLA, J.
DATE : 26th SEPTEMBER, 2025.
ORDER :
1.
By this Indian Adoption Petition, the Petitioner and the Proposed Adoptive Parents have sought adoption of the male minor Navin @ Achyuthan Girish Halegeri ("the said male minor") born on 18th September 2024.
2.
The male minor Navin was born on 18/09/2024 and 1/9
admitted to the Petitioner institution on 23/09/2024 as per the order of the Child Welfare Committee (CWC), Mumbai Suburban-II dated 23/09/2024 under the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015. On 25/09/2024 the birth mother surrendered the said minor before the said Child Welfare Committee (CWC), Mumbai Suburban-II for his further rehabilitation. The Admission Order of the CWC is on record at page No. 22 to the Petition.
3.
After making due inquiry under section 38 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), the Child Welfare Committee, Mumbai Suburban-II declared the said male minor "Legally Free for Adoption" on 29/11/2024. The Free for adoption order is on record at page No. 21 to the Petition. 4.
The Prospective Adoptive parents are Indian nationals, residing at Haveri, Karnataka aged about 43 and 41 years respectively. They have been married for the past 13 years (10/02/2012) with no biological children.
5.
The Motivation Letter from the Prospective Adoptive Parents is on record at page No. 39 to the Petition. 2/9
6.
The Minutes of Adoption Committee Meeting held on 10/03/2025 is on record at page Nos. 19-20 to the Petition. It states that the Prospective Adoptive Parents are suitable to adopt the said male minor.
7.
Affidavit by the Chief Functionary of the Specialized Adoption Agency (Petitioner) in support of the adoption of the said male minor is on record at page Nos. 156-160 to the Petition. 8.
The Medical report of the prospective adoptive parents dated 27/02/2025 is on record and it states that they are not suffering from any health problem currently. Their HIV I & II and Hepatitis B test reports certify the case as Non-Reactive. These reports can be found at page Nos. 27-38 to the Petition. 9.
The Prospective Adoptive father is working as Havildar GD with Indian Army since 2002 and is presently serving with 37 Karnataka Battalion NCC, Bagalkot. His monthly (January-2025) gross salary is Rs. 85,004/-. His Service Certificate, Pay Slip and Form No. 16 are on record at page Nos. 48-66 to the Petition. The Prospective Adoptive mother is a Homemaker.
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10.
The Proof of Residence (Aadhar Card copies), Pan Card copies and other supportive financial documents are on record at page Nos. 40-43 & 67-96 to the Petition.
11.
The Home study report Part I: Self-Assessment by the Prospective Adoptive Parents is on record at page Nos. 97-110 to the Petition.
12.
The Home Study Report Part II: Assessment report dated 06/01/2024 of the social worker of Specialized Adoption Agency "Spandana Adoption Centre", Haveri, Karnataka has found the prospective adoptive parents suitable for adopting a child. This report is at page Nos. 111-118 to the Petition. 13.
The child security undertaking dated 02/04/2025 given by the Prospective Adoptive mother's cousin sister residing at Haveri, Karnataka to look after the said male minor in case of any mishap to the Prospective Adoptive Parents is on record at page Nos. 138-139 to the Petition.
14.
The Medical Examination Report of the said male minor dated 27/02/2025 is on record at page Nos. 143-152 to the Petition 4/9
and it states, 'Health Status: Normal. Overall Observation of the child: Navin is a happy 3 months old male child who is growing well physically and neurologically and does not have evidence of any medical issues so far". The prospective adoptive parents have countersigned the Medical Examination Report. 15.
The HIV test report of the said male minor dated 26/09/2024 certifies the case as Negative. This report is on record at page No. 154 to the Petition. The Post Card Size Photograph of the male minor is at page No. 155 to the Petition. 16.
The Declaration of consent, willingness and undertaking by the prospective adoptive parents is on record and it states that they are willing to be appointed and declared as the adoptive parents of the male minor Navin born on 18/09/2024. This Declaration is at page Nos. 44-45 to the Petition.
17.
The Pre-adoption foster care undertaking dated 06/03/2025 is on record at page Nos. 46-47 to the Petition. 18.
As regards the change of name, the prospective adoptive parents desire that the said male minor 'Navin' be renamed as 5/9
"Achyuthan Girish Halageri".
19.
The undertaking dated 03/03/2025 given by the Specialized Adoption Agency "Spandana Adoption Centre", Haveri, Karnataka for furnishing post adoption follow-up reports is on record at page No. 161 to the Petition.
20.
The Petitioner institution's recognition from the Women & Child Development, Maharashtra State to place children in adoption is valid for a period up to 30/09/2025. 21.
Mr. O. Hareendran, the Scrutiny Officer, has tendered the Representation of the Indian Council of Social Welfare dated 22nd September 2025 which is taken on record and marked 'X' for identification.
22.
Having considered the material on record as well as the Representation of the Scrutiny Officer marked 'X' for identification, I am of the view that it would be in the interest of the said male minor child that he is adopted by the Proposed Adopters. 6/9
23.
It is relevant to note here that in the case of Nisha Pradeep Pandya @ Nisha Amit Gor and Anr. Vs. Union of India and Ors.1 concerning challenge raised to the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021, a Division Bench of this Court passed an interim order dated 10th January, 2023. The relevant portion of the said order of the Division Bench reads as follows :
"8.
In the meantime, there will be an ad-interim order only until the next date in terms of prayer clauses (d), (e) and (f) of the petition which reads as follows:
(d) Pending the final hearing and disposal of the present Petition, the Hon'ble Court may be pleased to stay the effect, implementation and purport of the letter dated 30th September, 2022 issued by Respondent No.2;
e) Pending the final hearing and disposal of the present Petition, the Hon'ble Court may be pleased to direct the Respondents not to transfer pending adoption matters before the District Magistrates for adjudication.
(f) Pending the final hearing and disposal of the present Petition, the Hon'ble Court may be pleased to direct the Hon'ble Courts to continue with the adjudication of the adoption matters that are pending on their record and file.
W.P.(L) No.32065 of 2022 7/9
9.
Additionally, the safer and more prudent course of action would be to allow all matters to be placed before the learned Single Judge of this Court who is assigned those matters. Those orders may be continued to be passed until the challenge is finally decided."
24.
Hence, it is clear that this Court can consider and dispose of the present Petition.
25.
In these circumstances, the Petition is allowed in terms of prayer Clauses (a) to (d) of the Petition, which read thus:- "(a) That the Prospective Adoptive Parents be given the said child in Adoption be declared as parents and have all parental legal rights, Privileges and responsibilities over the said minor Achyuthan Girish Halageri.
(b) That the Prospective Adoptive Parents may be granted leave to remove the said male minor Achyuthan Girish Halegeri from the jurisdiction of this Hon'ble Court and to take the said minor out of the jurisdiction of this Hon'ble Court whenever required.
(c) That the concerned Municipal Authority/Birth Certificate issuing Authority may be directed to issue Birth Certificate in the name of the said male minor Achyuthan Girish Halageri, born on 18/09/2024 and stating that thereon that the Prospective Adoptive Parents as the Parents of the said minor. (d) That the Prospective Adoptive Parents be allowed to Change the name of the minor from 'Navin' to "Achyuthan Girish Halageri".
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26.
There is an undertaking of the Adoptive Parents in the Judge's Order to invest Rs.1.5 lakhs in the name of the Adopted Child. They undertake not to withdraw this investment till the Adopted Child attains majority. The Adoptive Parents agree to handover the investment receipts to the Adopted Child on his becoming a major. These undertakings are accepted as undertakings to this Court.
27.
The Judge's Order is also accepted and signed separately.
28.
Indian Adoption Petition is accordingly disposed of. There shall be no order as to costs.
[FIRDOSH P. POONIWALLA, J.] Privacy warning : No part of this Order shall be uploaded on any public domain or portal without this Court's express permission. 9/9